Catholic hospital backs down on tubal ligation refusal

Updated 7:48 pm, Monday, August 24, 2015

Photo: Ramin Rahimian, Special To The Chronicle

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Rachel Miller poses for a portrait at her home in Redding, California, Saturday, August 22, 2015. Mrs. Miller, a Redding lawyer and pregnant mother, is due to give birth by C-section on Sept. 29 and wants to have her doctor perform a tubal ligation that the hospital, Mercy Medical Center in Redding, refuses to allow because of Catholic doctrine. Her ACLU lawyer says she'll sue if the hospital doesn't change its mind. Ramin Rahimian/Special to The Chronicle less

Rachel Miller poses for a portrait at her home in Redding, California, Saturday, August 22, 2015. Mrs. Miller, a Redding lawyer and pregnant mother, is due to give birth by C-section on Sept. 29 and wants to ... more

Photo: Ramin Rahimian, Special To The Chronicle

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Rachel Miller poses for a portrait at her home in Redding, California, Saturday, August 22, 2015. Mrs. Miller, a Redding lawyer and pregnant mother, is due to give birth by C-section on Sept. 29 and wants to have her doctor perform a tubal ligation that the hospital, Mercy Medical Center in Redding, refused to allow the procedure because of Catholic doctrine but changed its mind Monday, Aug. 24, 2015, after her ACLU lawyer said she'd sue. Ramin Rahimian/Special to The Chronicle less

Rachel Miller poses for a portrait at her home in Redding, California, Saturday, August 22, 2015. Mrs. Miller, a Redding lawyer and pregnant mother, is due to give birth by C-section on Sept. 29 and wants to ... more

Photo: Ramin Rahimian, Special To The Chronicle

Catholic hospital backs down on tubal ligation refusal

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Facing a possible sex-discrimination lawsuit, a Catholic hospital in Redding reversed its position Monday and agreed to let a woman’s doctor sterilize her after she gives birth next month.

After attorneys with the American Civil Liberties Union said they would file a discrimination suit if Miller was being denied pregnancy-based care” on religious grounds, the hospital notified her doctor that it was reconsidering based on additional information the physician had provided. On Monday, the deadline the lawyers had set for a response, the ACLU said Mercy Medical Center had agreed to the surgery.

“That’s great that they are willing to do that for some women,” Gill said. But Miller, she said, “is just one of many women who risk being denied care because Catholic bishops are telling medical professionals how to operate.”

Miller said Monday that she hoped her case would “shine a light on this issue so that others aren’t turned away.”

“This is a decision that I made with my family and my doctor and no one else should be involved in that process,” Miller said in a statement released by her lawyers.

Dignity Health declined to comment Monday. But in a message sent by fax to Gill on Saturday, Rick Grossman, general counsel for the hospital chain, said the claim of sex discrimination was “baseless,” because the hospitals’ policy against sterilization applies to both men and women. The policy also prohibits abortions and reproductive-assistance technology such as in vitro fertilization.

No court ruling or other legal authority would require Mercy Medical Center to “violate the (Ethical and Religious Directives) and repudiate (the hospital’s) Catholic identity,” Grossman wrote.

But Gill said California law defines the withholding of pregnancy-related care as sex discrimination, even if the policy against sterilization also applies to men.

Miller, a 32-year-old lawyer in Redding, said Mercy Medical Center’s refusal to let her doctor perform the sterilization procedure, communicated to her in April, would have required her to travel 160 miles to UC Davis, the closest hospital that would perform both procedures and would accept her insurance.

Tubal ligation, also known as “tying the tubes,” is a sterilization method used by about 600,000 women in the United States each year, according to the American College of Obstetricians and Gynecologists. The organization says a tubal ligation immediately after a woman’s last intended pregnancy is such a safe and effective procedure that it should be considered “urgent” medical care.

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